State v. Richey

OEC 401 provides a "very low" bar for the admission of evidence. State v. Titus, 328 Or 475, 480-81 (1999). "Relevant evidence is evidence that matters - and thus makes a difference - to the case in which it is offered." State v. Richey, 324 Or App 290 (2023).

Defendant appealed a judgment of conviction of assault in the fourth degree, following his use of profanity and disruptive behavior at a Portland City Council meeting, which resulted in injury to E. Defendant assigned error to the trial court's decision to exclude evidence in the form of a video that he recorded of himself at the meeting, arguing its relevance to his mental state at the time contact was made with E. In response, the State argued that the video was irrelevant; however, even if the video had some probative value, any error in its exclusion was harmless. OEC 401 provides a "very low" bar for the admission of evidence. State v. Titus, 328 Or 475, 480-81 (1999). "Relevant evidence is evidence that matters - and thus makes a difference - to the case in which it is offered." State v. Richey, 324 Or App 290 (2023). Given the excluded video depicted Defendant's actions leading up to the encounter with E, the Court reasoned that a factfinder could have reasonably found that the collision was an accident and Defendant lacked the requisite mental state. The Court held that the video was relevant and the error in excluding it was not harmless. Reversed and Remanded.